Coercive neuroimaging technologies in criminal law in Europe

Exploring the implications for the prohibition of ill-treatment (article 3 ECHR)

Research output: Chapter in Book/Report/Conference proceedingChapterScientificpeer-review

Abstract

Neuroscience is developing constantly and improves neuroimaging technologies which can acquire brain related information, such as (f)MRI, EEG and PET. These technologies could be very useful to answering crucial legal questions in a criminal law context. However, not all defendants and convicted persons are likely to cooperate with these technologies, and as a consequence the possibility of coercive use of these technologies is an important issue. The use of coercive neuroimaging technologies in criminal law, however, raises serious legal questions regarding European human rights. For instance, how does such coercive use relate to the prohibition of torture, inhuman and degrading treatment (‘ill-treatment’, article 3 European Convention on Human Rights)? This chapter describes four neuroimaging applications and explains how they could contribute to materializing the aims of criminal law. Furthermore, it conceptualizes two types of coercion with which neuroimaging can be applied and explains why that distinction is relevant in this context. Finally, it explores the legal implications of coercive neuroimaging in the context of the prohibition of ill-treatment.
Original languageEnglish
Title of host publicationRegulating new technologies in uncertain times
EditorsLeonie Reins
PublisherT.M.C. Asser Press | Springer
Pages83-102
Number of pages20
ISBN (Electronic)978-94-6265-278-1
ISBN (Print)978-94-6265-279-8
DOIs
Publication statusPublished - 14 Mar 2019

Publication series

NameInformation Technology and Law Series
PublisherTMC Asser Press | Springer
Number32
Volume2019
ISSN (Print)1570-2782

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ECHR
criminal law
torture
neurosciences
brain
human rights
human being

Cite this

Ligthart, S. (2019). Coercive neuroimaging technologies in criminal law in Europe: Exploring the implications for the prohibition of ill-treatment (article 3 ECHR). In L. Reins (Ed.), Regulating new technologies in uncertain times (pp. 83-102). (Information Technology and Law Series; Vol. 2019, No. 32). T.M.C. Asser Press | Springer. https://doi.org/10.1007/978-94-6265-279-8_6
Ligthart, Sjors. / Coercive neuroimaging technologies in criminal law in Europe : Exploring the implications for the prohibition of ill-treatment (article 3 ECHR). Regulating new technologies in uncertain times. editor / Leonie Reins. T.M.C. Asser Press | Springer, 2019. pp. 83-102 (Information Technology and Law Series; 32).
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Ligthart, S 2019, Coercive neuroimaging technologies in criminal law in Europe: Exploring the implications for the prohibition of ill-treatment (article 3 ECHR). in L Reins (ed.), Regulating new technologies in uncertain times. Information Technology and Law Series, no. 32, vol. 2019, T.M.C. Asser Press | Springer, pp. 83-102. https://doi.org/10.1007/978-94-6265-279-8_6

Coercive neuroimaging technologies in criminal law in Europe : Exploring the implications for the prohibition of ill-treatment (article 3 ECHR). / Ligthart, Sjors.

Regulating new technologies in uncertain times. ed. / Leonie Reins. T.M.C. Asser Press | Springer, 2019. p. 83-102 (Information Technology and Law Series; Vol. 2019, No. 32).

Research output: Chapter in Book/Report/Conference proceedingChapterScientificpeer-review

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Ligthart S. Coercive neuroimaging technologies in criminal law in Europe: Exploring the implications for the prohibition of ill-treatment (article 3 ECHR). In Reins L, editor, Regulating new technologies in uncertain times. T.M.C. Asser Press | Springer. 2019. p. 83-102. (Information Technology and Law Series; 32). https://doi.org/10.1007/978-94-6265-279-8_6